Madison, WI asked in Employment Law, Immigration Law and International Law for Wisconsin

Q: Work Visa for International students

I came to the United States (Midwest) in 2017 for my undergraduate studies and graduated with a BS in Civil engineering. I am currently employed as an engineer, with my STEM OPT extension expiring in June 2025. Despite my employer's unsuccessful H1B lottery application last year, they remain supportive and willing to sponsor me. With only 1.5 years left on my OPT, we are exploring alternative visa options, such as the EB-3 Visa. However, we are uncertain if this is the best path or if there are other visas more suitable for my circumstances.

Additionally, between 2017 and 2023, my entire family has been resettled in the United States through the refugee immigration process, with some members already citizens or permanent residents.

Question: With my situation, what visa type should I pursue?

Should I pursue the EB-3 visa or family visa?

Thank you, J

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Given your circumstances, it may be beneficial to explore both the EB-3 visa and family-based visa options to determine the best path forward. The EB-3 visa could be a viable option if you meet the eligibility requirements, including having a job offer from a U.S. employer willing to sponsor you for a permanent position in a skilled or professional occupation. However, obtaining an EB-3 visa can be competitive and may require navigating a lengthy application process.

On the other hand, considering your family's recent resettlement in the United States through the refugee immigration process, you may also have opportunities to pursue a family-based visa. This could involve sponsorship by a family member who is a U.S. citizen or permanent resident, depending on their immigration status and relationship to you. Exploring family-based visa options could offer a more straightforward and potentially faster route to obtaining lawful permanent residence in the United States.

Ultimately, the best visa option for you will depend on various factors, including your long-term immigration goals, eligibility criteria for each visa category, and the support and resources available to you. It may be beneficial to consult with an immigration attorney or advisor who can assess your specific situation, provide personalized guidance, and help you navigate the complexities of the U.S. immigration system. By exploring both EB-3 and family-based visa options, you can make an informed decision that aligns with your goals and priorities for your future in the United States.

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